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On April 6th 2012 the new EPC regulations (see below for details) take affect; these regulations will give commercial property agents the same responsibility for enforcing EPC compliance that domestic estate agents have always had with Trading Standards officers having new powers to get agents to prove that they have commissioned an EPC when marketing a property without one.
The regulations make clear that an EPC must be obtained before or immediately after marketing of either domestic or commercial properties, making agents liable as well as building owners, anyone marketing a property has a duty to ensure that an EPC has been obtained or commissioned before marketing commences.
The penalty for failing to make a Commercial EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000
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The Energy Act was passed in 2011 and this Act will provide the legal framework for the ‘Green Deal’. This Act will have a number of implications to agents and surveyors. Under the Act all households and businesses will be entitled to an energy efficiency assessment as part of the Green Deal, due to come into effect in October 2012.
An accredited assessor will produce the assessment. The Green Deal will provide a finance mechanism enabling the cost of energy efficiency measures installed to be paid back via the energy bill. Accredited installers will install the measures to specific standards. This should ensure the energy efficiency measures deliver genuine energy bill and carbon savings and consumers should therefore have confidence in the advice, products and services they receive. Once the energy efficiency improvements have been installed, a charge will be added to the energy meter at the property. This charge will enable the occupier to repay any Green Deal finance that was taken out via their energy bill. The repayment obligation will sit with the property and transfer to any new occupier.
The key principle, or “Golden Rule”, for accessing Green Deal finance is that the charge attached to the bill should not exceed the expected savings, and the length of the payment period should not exceed the expected lifetime of the measures. This is not a government guarantee, but a guideline for customers to expect a more efficient, less wasteful property with no additional net cost from the Green Deal.
For a more detailed explanation of the Green Deal proposals visit:
http://www.decc.gov.uk/assets/decc/legislation/energybill/1010-green-deal-summary-proposals.pdf
The Proposed Timetable for the Green Deal:
• October 2011: Energy Act passed.
• Autumn 2011: formal consultation on the secondary legislation.
• Early 2012: secondary legislation laid before parliament.
• Spring 2012: detailed industry guidance prepared.
• Autumn 2012: launch of the Green Deal and the first plans will appear
EPCs and the Green Deal
EPCs and the accompanying Recommendation Reports are expected to play a major part in the delivery of the Green Deal. As you may be aware there are already changes (not related to the Green Deal) due to come into effect on 6th April 2012 (please see below for details) and we have been advised that it is likely that a number of further changes will come into force prior to October 2012 as EPCs are extended and incorporated into the Green Deal programme.
Restrictions on letting poor performing properties from 2018
The Act also states that properties with an F or G EPC rating will no longer be allowed to be rented from 2018. According to Savills property advisers, 700 million sq ft of commercial floor space may require an energy efficiency overhaul by 2018. From 2018 Landlords will be faced with the choice of either upgrading their property or removing it from the rental market.
EPC Changes commencing 6th April 2012
There are no last-minute surprises in the Regulations, they are very much as we had been led to expect in a series of summaries issued by the DCLG over the past months. In the case of sales and lettings, the requirement to attach an EPC report to all particulars has been toned down so that only the first page of the EPC will now have to be attached. This will still mean having to produce and print another sheet of paper, and it will be almost immaterial as to whether it is printed on one or both sides.
The regulations make clear that an EPC must be obtained before or immediately after marketing of either domestic or commercial properties, making agents liable as well as building owners of both types of property, since anyone marketing a property has a duty to ensure that an EPC has been obtained or commissioned before marketing commences.
It is made clear that an EPC must be available before anyone is supplied with details of the property or arranges to view it, and anyone acting on their behalf, has a duty to ensure that this is done. Agents will have to prove they have ordered an EPC before marketing, and will have seven days to produce an EPC – or a further 21 if they haven’t managed to do so, despite trying. Where the property’s address has been omitted from the particulars, it will not be necessary to put the address on the EPC.
The changes in regulations will also mean that Trading Standards officers will have new powers to get agents to prove that they have commissioned an EPC when marketing a property without one. A number of ‘consequential changes’ to the role of Trading Standards, allowing them to enforce their new duties, will be made. It now remains to be seen how tough the Government will be prepared to get with trading standards departments to ensure that enforcement takes place.
Summary
In relation to EPCS, the changes have already been delayed a number of times and agents will have no excuses if they are not ready by 6th April 2012. As regards the Green Deal given the number of issues that need to be resolved before Green Deal is launched in autumn 2012, the Government has set itself a very ambitious timetable. In the meantime lease negotiations between Landlords and Tenants are likely to be complicated by many of the issues identified above. Furthermore, as the Green Deal will stay with the property, agents and solicitors will have a responsibility to inform potential purchasers and tenants that there is a Green Deal attached to the property. Simply passing on the EPC may not be sufficient to comply with these obligations.
Over the next year the detail must be worked through – both how landlords and tenants will work together and more generally, how the Green Deal is transacted by agents, assessors, suppliers of finance and energy efficient products and services.
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125 Woodhorn Road, Ashington
(2 Bedroom
Terrace)
£64950
Property Reference: REN1002723
Property Description:
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2 Rowlands Buildings, Dudley
(3 Bedroom
Terrace)
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Buyer Enquiries & Instructions On the Up, Says Home Sale Network
It may be chilly outside, but in the 2012 property market, things seem to be hotting up, with a recent Home Sale Network survey carried out amongst its members indicating an increase in both buyer enquiries and sales instructions.
A staggering 90% of respondents have seen an increase in the number of buyer enquiries and instructions in January 2012 compared to December 2011. In fact, the majority of members surveyed (38%) said that they have seen over 50% more instructions; suggesting, that as we progress into 2012, lots more people are deciding to enter the sales market.
Survey results also indicated that over half (51%) of respondents reported the trade up purchaser as the most common buyer type at the moment. This would appear to indicate that despite the challenges in the mortgage market, stable property prices are attracting those who have the ability to purchase. Also cited by a fifth of member respondents as the most common buyer type was the buy to let purchaser – great news for prospective tenants who are currently outnumbering landlords in the UK rental market.
So whether you’re buying, selling or renting, get in touch with us. As members of Home Sale Network, we’re part of a national network of handpicked, independent estate agents across England, Scotland and Wales and are your Local Expert for buying, selling and renting property.
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BBC News – Inside the high-end housing market http://t.co/Wx7aBr9n
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Home sellers lambasted for ‘folly’ as they raise asking prices – Estate Agent Today http://t.co/OLUxGi49
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Well you would think so if you drive along the A192 towards the Plessey Woods end. Those two propellers outside the pharmaceutical plant are so big that they could lift Cramlington off into the sky with a strong enough wind. Maybe they would take that monster Northumberlandia mound with them.
Cramlington has established itself as home to tens of thousands in the near fifty years since the beginnings of the early estates with the flat roofed houses which were made in factories, hauled in and bolted together. There is still a long way to go and we welcome plans to improve the town centre, provide a hospital and develop more new housing, that have been announced recently.
As far as the housing market is concerned there is massive demand for rentals and there is plenty of pent up demand waiting for the banks to ease their mortgage lending criteria and boost sales. It is only the need for large deposits that is holding things back. When they start to ease thing up it will be “chocks away”.
So as far as the housing market taking off I think we are on the runway but we’ll need more than those two big propellers.
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